Spofford v. State Loan Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 1, 1910, and subsequently amended, seeking to enjoin the defendant from foreclosing a mortgage upon household furniture of the plaintiffs, and to compel the cancellation of the mortgage or its redemption.
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Bill in equity, filed in the Supreme Judicial Court on January 1, 1910, and subsequently amended, seeking to enjoin the defendant from foreclosing a mortgage upon household furniture of the plaintiffs, and to compel the cancellation of the mortgage or its redemption. The case was heard by Loring, J. It appeared that on July 28, 1903, the plaintiffs borrowed $405 from the defendant, giving as security for the loan a mortgage on their household furniture, the mortgage note being payable in one month and bearing interest at the rate of four per cent a month; that, during the interval between…
1Opinion of the CourtMorton, J.
This is apparently a case of hardship for the plaintiffs. We say apparently because it is possible that the situation in which the plaintiffs find themselves may be due to their own extravagance or imprudence.
The plaintiffs contend that the releases which were given by them before the giving of the mortgage now in question were null and void; and the defendant conceded at the hearing before the single justice that if they were, then the excess which it had received over and above the statutory rate of eighteen per cent entitled the plaintiffs to a discharge of the mortgage. The single justice…
2Cases cited1 opinion
- Wall v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1897
3Cited by9 opinions
- ROCKLAND-ATLAS NATIONAL BANK v. MurphyMassachusetts Supreme Judicial Court · 1953
- Shawmut Commercial Paper Co. v. BrighamMassachusetts Supreme Judicial Court · 1912
- Levin v. WallMassachusetts Supreme Judicial Court · 1935
- Koltin v. BrownMassachusetts Supreme Judicial Court · 1919
- Irish v. SchoonerMassachusetts Supreme Judicial Court · 1926
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